Section 4.05. Supervision of non-licensed personnel and therapy aides.


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  • (1)  An occupational therapist or occupational therapy assistant must provide direct supervision of non-licensed personnel at all times. Direct supervision requires that the supervising occupational therapist or occupational therapy assistant be on premises and available to assist.
    (2)  When an occupational therapist or occupational therapy assistant delegates to non-licensed personnel maintenance or restorative services to clients, the occupational therapist or occupational therapy assistant must be in the immediate area and within audible and visual range of the client and the non-licensed personnel.
    (3)  An occupational therapist or occupational therapy assistant may delegate to non-licensed personnel only non-skilled, specific tasks which are neither evaluative, assessive, task selective nor recommending in nature, and only after ensuring that the non-licensed person has been appropriately trained for the performance of the task.
    (4)  Occupational therapists and occupational therapy assistants must exercise their professional judgment when determining the number of non-licensed persons they can safely and effectively supervise to ensure that quality care is provided at all times. A limit of 2 is recommended.
    (5)  Any duties assigned to non-licensed personnel must be determined and appropriately supervised by an occupational therapist or occupational therapy assistant and must not exceed the level of training, knowledge, skill and competence of the individual being supervised. The licensed occupational therapist or occupational therapy assistant is responsible for the acts or actions performed by any non-licensed person functioning in the occupational therapy setting.
    (6)  An occupational therapist or occupational therapy assistant may delegate to non-licensed personnel duties or functions, including the following services:
    (a) Transportation of clients.
    (b) Preparation or setting up of treatment equipment and work area.
    (c) Attending to clients' personal needs during treatment.
    (d) Clerical, secretarial or administrative duties.
    (7)  Duties or functions that an occupational therapist or occupational therapy assistant may not delegate to non-licensed personnel include, but are not limited to, the following:
    (a) Interpretation of referrals or orders for occupational therapy services.
    (b) Evaluative procedures.
    (c) Development, planning, adjusting or modification of treatment procedures.
    (d) Acting on behalf of the occupational therapist or occupational therapy assistant in any matter related to direct client care which requires judgment or decision making.
History: CR 02-026 : cr. Register December 2002 No. 564 , eff. 1-1-03; CR 13-109 : am. (6) (intro.), (7) (a) Register September 2014 No. 705 , eff. 10-1-14.